Opinion
Case No. SC03-978.
June 18, 2003.
Lower Tribunal No. 83-04924.
The Emergency Petition for Writ of Mandamus and/or Writ of Prohibition with Request for Injunctive Relief, which this Court has treated as a petition for writ of mandamus, is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), and State v. Matute-Chirinos, 713 So.2d 1006 (Fla. 1998), to the Second District Court of Appeal. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for a writ of mandamus. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court and is instructed to expedite consideration of the petition as it appears to be time sensitive based upon the allegations. Any determination concerning whether a filing fee shall be applicable to this petition shall be made by the transferee court.